West Virginia Senate Bill SB49

West Virginia 2026 Regular Session

• Introduced: 1/14/26
• Refer: 1/14/26

Caption

Relating to permissible expenditures by Water Development Authority from Infrastructure Fund

Summary

SB49 amends the West Virginia Code section governing the Critical Needs and Failing Systems Sub Account within the Infrastructure Fund. The bill increases the amount that may be transferred into the subaccount each year from uncommitted loan balances from up to $12 million to up to $14 million. It also expands the types and size of projects that may receive loans or grants from the subaccount, including projects needed to continue water or wastewater service, address facility failure due to age, extend service lines to add customers, and upgrade facilities to reduce maintenance costs, operating costs, or waterline leakages. The bill raises the total project cost cap for certain extension projects from less than $2 million to less than $3 million, while keeping the requirement that any overage above the cap be paid by a person or governmental agency, up to 10 percent of total project cost. It also adds a new category for smaller upgrade projects with total project costs under $300,000. In addition, the bill specifies that general grant limitations and allocation rules in other sections of the code do not apply to grants made from this subaccount.

Impact

SB49 would directly amend §31-15A-17c of the West Virginia Code and broaden the Water Development Authority’s discretion to use Infrastructure Fund resources for critical water and wastewater projects. By increasing the annual transfer cap and expanding eligible project types and cost thresholds, the bill could make more projects eligible for state assistance and allow faster response to failing or aging systems. It also creates a specific pathway for grants to support upgrades intended to lower maintenance and operating costs or reduce waterline leakage, potentially affecting local utilities, municipalities, and other public or private entities involved in water and wastewater infrastructure.

Sentiment

Based on the bill text and the absence of recorded committee discussion or votes, the overall sentiment appears supportive and practical, focused on expanding financing tools for urgent infrastructure needs. The bill’s purpose statement frames it as a targeted adjustment to improve the Water Development Authority’s ability to address critical water and wastewater system problems. No contrary positions are documented in the provided materials.

Contention

The main policy questions raised by the bill are likely to concern the size of the increased funding transfer cap, the higher project-cost threshold for service extensions, and the addition of grant eligibility for system upgrades that reduce operating costs or leakage. Potential concerns could include whether expanding grant authority and loosening existing limitations reduces fiscal discipline or shifts resources away from other infrastructure priorities. However, no specific opposition, amendments, or stakeholder objections are included in the provided record.